Summary
Contractual limitations provision requiring "all disputes" to be "brought" within four months interpreted as requiring filing a lawsuit, not mere notification, where contract contained a separate notice provision; Seventh Circuit affirms dismissal of untimely breach-of-contract action in admiralty, applying Indiana law.
Holdings
- The contract unambiguously required disputes to be brought within four months, and Vesuvius's suit was untimely.
Questions Presented
- Whether the contract's limitations provision required the plaintiff to file suit within four months of the incident, or whether it was merely a notification requirement.
Disposition
affirmed
Cases Cited (6)
- Weaver v. Hollywood Casino-Aurora, Inc., 255 F.3d 379 (7th Cir. 2001)(followed)
- Boucher v. Fin. Sys. of Green Bay, Inc., 880 F.3d 362 (7th Cir. 2018)(followed)
- Brockmann v. Brockmann, 938 N.E.2d 831 (Ind. Ct. App. 2010)(followed)
- BRC Rubber & Plastics, Inc. v. Cont'l Carbon Co., 804 F.3d 1229 (7th Cir. 2015)(followed)
- City of New Albany v. Cotner, 919 N.E.2d 125 (Ind. Ct. App. 2009)(distinguished)
- Bhd. Mut. Ins. Co. v. Michiana Contracting, Inc., 971 N.E.2d 127 (Ind. Ct. App. 2012)(followed)
Cited In (0)
No citing cases on record yet.
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